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(영문) 광주지방법원 2012.11.09 2012고정1342
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Around 01:00 on May 13, 2012, Defendants of violation of the Punishment of Violences, etc. Act (joint assault) drinking alcohol and drinking alcohol at the “F” restaurant operated by the victim E (W, 40 years old) located in Gwangju Dong-gu, Gwangju.

Defendant

A, who was requested by the above E, the owner of the business, to calculate the drinking value, he / she takes a bath while he/she takes a bath, and walked the above E, Defendant B takes one time to walk the right arms of the above E, Defendant B takes the face of the victim G (56 years of age) who speaks on his/her hand, takes one time in his/her hands, takes the body of the victim H (58 years of age) and takes the part and the neck of the victim H (58 years of age).

Accordingly, the Defendants jointly assaulted victims.

2. The Defendants in the obstruction of performance of official duties demand the Defendant B to present identification cards at the time, place, and at the time and place stated in the preceding paragraph, and at the time, the police officer J (47 years of age) of the Gwangju East Police Station I District, which was dispatched upon receipt of a report, and Defendant B expressed the intent to “I see this son, the case is treated promptly,” and Defendant B was pushed down with the J’s body in both hands, and Defendant A was on the part of the patrol vehicle at the “F” restaurant in the said “F” restaurant in the I District.

With the arrival of the patrol vehicle, spits down one time on the right part of the J.

Accordingly, the Defendants conspired and interfered with the legitimate execution of police officers' duties in relation to the suppression of crimes and the investigation of cases.

Summary of Evidence

1. Defendants’ partial statement

1. The witness J and E presented a favorable attitude to the Defendants during the statement, which is considered to be due to no longer dispute.

each statement of the court

1. Each statement of G and H;

1. Investigation reports (transfer, etc. to A hospital of a suspect), investigation reports (related to obstruction of performance of official duties);

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act as to the crime, each of the choice of punishment, and Article 260 (1) of the Criminal Act;

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